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COOK v. MERCURY LUMBER CO.

No. 2-275A20.

359 N.E.2d 600 (1977)

Delma COOK, Administrator of the Estate of Shirley Ann Merchant, Deceased, Appellant (Plaintiff below), v. MERCURY LUMBER COMPANY, Appellee (Defendant below).

Appellate Court of Indiana, First District.

January 17, 1977.

Attorney(s) appearing for the Case

F. Boyd Hovde, Indianapolis, for appellant; Townsend, Hovde & Townsend, Indianapolis, of counsel.

Robert J. Wampler, Howard J. DeTrude, Jr., Kightlinger, Young, Gray & DeTrude, Indianapolis, for appellee.

LOWDERMILK, Judge.

STATEMENT OF THE CASE

This case was transferred from the Second District to this office in order to lessen the disparity in caseloads among the districts.

Plaintiff-appellant, Delma Cook, administratrix of the estate of Shirley Ann Merchant (Delma), appeals from the judgment of the trial court dismissing count two of her complaint which in essence averred, inter-alia, that defendant-appellee, Mercury

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